Thompson v. State
Thompson v. State
Opinion of the Court
The appellant challenges the summary denial of his posteonviction motion. We affirm without discussion claim two. As to his first and third claims, we reverse and remand with instructions to the trial court to either hold an evidentiary hearing or to attach record portions conclusively refuting the appellant’s assertions.
The appellant was convicted of sale of cocaine, following a jury trial in which the appellant was tried alongside his co-defendant. In his first claim, the appellant asserts his counsel was ineffective for failing to file a motion to sever prior to trial where his counsel had been put on notice that the co-defendant’s defense of entrapment would require the co-defendant to implicate the appellant as a drug dealer and contradict the appellant’s theory of innocence. The appellant further asserts
Accordingly, we affirm in part, and reverse in part the trial court’s rulings with regards to the appellant’s first and third claim and remand with instructions to the trial court to conduct an evidentiary hearing or to attach record documentation refuting the appellant’s assertions.
AFFIRMED IN PART AND REVERSED IN PART AND REMANDED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.